We are a material supplier. We may think that items will be delivered on a specific date, but with extended lead times/ shortages they are often not delivered on the date we originally thought. If we file a Notice of Furnishing with an incorrect date of first supplying materials, how does that affect the legality of the document? Thank you
Short Answer: A Notice of Furnishing that incorrectly states the first date of furnishing, is off by a few days, won't hurt things if you're not paid and later have to record and enforce a construction lien.
Under Michigan's Construction Lien Act, a person who does not have a direct contract with the Owner of the real property being improved must serve a Notice of Furnishing within 20 days after furnishing the first labor or material.
So if delivery counts are your first date of furnishing, you have a 20 day cushion.
Now keep in mind that delivery might be both your first and last date of furnishing. Unless your PO calls for check, test and start-up of the equipment, your obligations may end with delivery. I have no way of knowing what's in your PO.
If delivery is both your first and last date of work, keep in mind that you have 90 days from your last date of furnishing labor or materials to record a construcion lien if you're not paid.